With the Micro USB OTF, the Böker company has apparently dug up a long-forgotten discussion that is currently causing a lot of confusion. The subject of this discussion is butterfly and switchblade knives that are banned in Germany, but are currently available for purchase again. The following article explains why the said ban can be ignored under certain circumstances and why buyers and sellers are not liable to prosecution.

Legal classification of butterfly and switchblade knives

Even though they were originally designed as utility knives that can be operated with one hand, butterfly and switchblade knives are considered weapons in Germany. In the current version of the Weapons Act, they are described under Section 1 (2) No. 2b as portable objects which, without being intended for that purpose, are capable of eliminating or reducing the ability of people to attack or defend themselves, in particular because of their nature, handling or mode of action. However, it is also a mandatory requirement that these objects are mentioned in the law. Both of these conditions apply to the knives in question.

Appendix 1 Section 1 Subsection 2 No. 2.1.1 Switchblade knife

Appendix 1 Section 1 Subsection 2 No. 2.1.4 Butterfly knife

Consequently, the Weapons Act applies in full. And since butterfly knives and switchblade knives are also listed in Annex 2 Section 1 of the Weapons Act, they are indeed also prohibited weapons. Any handling of them constitutes a criminal offense and can be punished accordingly with a fine or imprisonment.

Legal exception to the ban

Already from the annex to the Weapons Act can be inferred that, however, not in principle all switchblades are prohibited across the board. Knives are exempt from the ban if the blade protrudes from the side of the handle, provided that the part of the blade protruding from the handle is no longer than 8.5 cm and is not sharpened on both sides. Provided these three conditions are met, it is not a prohibited weapon. Sharp butterfly knives, on the other hand, are always classified as prohibited weapons. There is no legal exception to this prohibition.

Blade length less than 41 mm / blade width less than 10 mm.

The already mentioned Böker USB OTF causes difficulties, because the blade does not protrude from the side, but from the front of the handle. The exception described above does not apply. And yet, this knife is not a prohibited weapon.

The reason for this lies in the weapon property itself. As already mentioned, weapons according to § 1 para. 2 No. 2b must not only be mentioned in the law, they must also be suitable, due to their nature and handling, to eliminate or reduce the ability of people to attack or defend themselves. And this is questionable with a 4 cm long blade. And this question is by no means new. Already in 2006, the BKA, based on various applications, assessed butterlfy and switchblade knives with a blade length of up to 41 mm and a blade width of up to 10 mm in terms of weapons law.

And the answer from the BKA is clear. Due to their blade length, the designated butterfly and switchblade knives are not suitable for eliminating or reducing the ability of people to attack or defend themselves. This means that these knives are not suitable for use as weapons.

However, since this is a mandatory requirement for the definition of a weapon, such knives are not weapons in the sense of the Weapons Act. The Böker USB OTF is therefore not a weapon and therefore cannot be a prohibited weapon.

Carrying in public?

The question of whether or not these knives may be carried in public also causes great difficulties. Specialist literature and experts seem to disagree on this.

However, my personal legal opinion and recommendation is as follows. Small butterfly and switchblade knives may not fall under the general ban due to their size, but they are still knives whose blades can be fixed one-handed (one-handed knives). They should therefore fall under the regulation of § 42a WaffG in principle not be carried in public. So I personally would rather leave the knife at home.

Of course, this does not correspond to the actual purpose of the Böker USB OTF. The knife is intended to be a useful helper in any everyday situation. It is therefore not surprising that the company has contacted the BKA to finally clarify this issue. However, the answer is still pending at the moment.

More information about butterfly knives and of course other knives can be found on my YouTube channel "Kwannick - Waffengesetz und Co".

Disclaimer: The excerpts from the Weapons Act are taken from the currently valid version of 01.09.2020. The author of this article assumes no responsibility for the timeliness, accuracy and completeness of the information provided.